Pires' attorney, Steven Spence, said in the letter, “It is apparent that, when this application was first filed, there was some initial misunderstanding on my client's part as to the mandatory requirement for presentation of a preliminary site plan.

Spence said initially Pires believed aerial maps and surveys submitted as part of the public record were sufficient to allow the application to proceed because no permanent site work or improvements were planned for the parcel.

“My client has taken note of the many concerns of the surrounding property owners and other interested parties and the concerns of the commission that there was insufficient detail in the submitted exhibits to make an informed recommendation as to this temporary use,” Spence wrote.

By a 4-1 vote, Sussex County Planning and Zoning Commission recommended that county council deny the application. One of the main reasons for the vote was the lack of a detailed preliminary site plan.

Spence said his client would prefer the county judge “the unique type of conditional use” on its merits.